Stover v. Herrington
Supreme Court of Alabama
Writ of error to the Court of Chancery sitting in Wilcox. IN March, 1842, the plaintiff in error filed his bill against the defendants, setting forth that on the twenty-fourth of March, 1838, the defendant, Herrington, conveyed to him several tracts of land, (all of which are particularly described,) situate in the county of Wilcox, and sundry slaves, whose names and ages are respectively stated.
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Writ of error to the Court of Chancery sitting in Wilcox. IN March, 1842, the plaintiff in error filed his bill against the defendants, setting forth that on the twenty-fourth of March, 1838, the defendant, Herrington, conveyed to him several tracts of land, (all of which are particularly described,) situate in the county of Wilcox, and sundry slaves, whose names and ages are respectively stated. This conveyance is conditional and avowedly for the purpose of securing the payment of three promissory notes, bearing even date therewith: the first, for the sum of twenty-seven hundred dollars, and…
1Opinion of the CourtCollier, C. J.
In Shirras, et al. v. Craig & Mitchell, 7 Cranch’s Rep. 34, a suit was brought for the foreclosure of a mortgage, and it was objected to the validity of the deed that it did not truly state the mortgagor’s indebtedness, but greatly exaggerated it. The Court said, “ It is true that the real transaction does not appear on the face of the mortgage. The deed purports to secure a debt of £30,000 sterling, due to all the mortgagees. It was really intended to secure different sums, due at the time to particular mortgagees, advances af-terwards to be made, and liabilities to be incurred to an…
2Cases cited6 opinions
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Thomas v. GoodwinMassachusetts Supreme Judicial Court · 1815
- Jones v. NorrisSupreme Court of Alabama · 1841
- Jackson ex dem. Hooker v. MatherNew York Supreme Court · 1827
- Williams v. MorehouseSupreme Court of Connecticut · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Governor v. CampbellSupreme Court of Alabama · 1850
- Graham v. LockhartSupreme Court of Alabama · 1845
- Anderson v. HooksSupreme Court of Alabama · 1846
- Hester v. GairdnerSupreme Court of Georgia · 1907
17 more not listed; retrieve them via the Exa API.